Johannesburg - Parliament's police portfolio committee on Friday opted to refer Police Minister Nkosinathi Nhleko's request for it to start proceedings to remove suspended Hawks head Lieutenant-General Anwa Dramat from office to the Speaker of Parliament for a decision on whether it could deal with the matter.
In line with the Constitution, Dramat is appointed by Parliament, and only the national legislature has powers to remove him.
"We as Parliament must act in terms of the Constitution and the law - it is not clear (in terms of a Constitutional Court ruling last year) if this committee is the right one to decide on this matter," committee chairman Francois Beukman told MPs.
On Thursday, in a letter to Beukman, Nhleko called on the committee to take steps, in terms of legislation, to remove Dramat as head of the Directorate Priority Crime Investigation (DPCI).
Beukman said a request for guidance would be sent to National Assembly Speaker Baleka Mbete.
"I recommend we take note of (Nhleko's) letter, but seek guidance from the Speaker of Parliament to determine if indeed we are the committee (to decide on this matter). I don't think we should start a process where there is not clarity."
All parties represented in the committee concurred.
On Thursday Nhleko denied that he has been pressured by President Jacob Zuma to axe Dramat because of his investigations into the Nkandla scandal.
Nhleko, who was briefing the portfolio committee on police on the suspension of Dramat, said the head of the Hawks must be fired.
This followed his suspension last month and subsequent court action by the Helen Suzman Foundation to have his suspension lifted.
Nhleko denied that his request for Dramat’s expulsion was politically motivated.
He said he was acting on investigations by a reference team last year on the illegal renditions of Zimbabweans, which put Dramat at the centre of these illegal deportations.
Asked by the DA whether he was asked by Zuma to fire Dramat because the Hawks boss was investigating Nkandla, the minister denied it.
DA MP Dianne Kohler Barnard said the suspension of Dramat had flouted the Constitution.
She also asked Nhleko if he had personally asked Dramat recently to resign.
Nhleko denied ever being instructed by Zuma to axe the head of the Hawks.
“I stated from the beginning that what came before me were investigative reports. Those reports were done a few years back,” Nhleko explained.
“Did I ask General Dramat (to resign)? No, certainly not. I tried to throw some light on this matter.
“I had no preoccupation for anybody to leave. My preoccupation was what happened (with the illegal renditions). We owe it to ourselves to know what was committed in our name,” he said.
Nhleko then asked the portfolio committee to remove Dramat from his position.
But opposition parties said this was a wrong approach by Nhleko.
Kohler Barnard said the Hawks chief could not be fired “without a shred of evidence”.
“I find this (request) extremely offensive,” she said.
Freedom Front Plus MP Pieter Groenewald described the request by the minister as unfounded.
The suspension on its own was without any basis, he said.
Nhleko had flouted the law and the constitution by not using the Police Service Act to suspend Dramat, and instead used the Public Service Act, Groenewald said.
ANC MPs sitting on the committee seemed to back Nhleko’s call for the axing of Dramat.
A decision was expected to be taken on Friday.
Political Bureau and Sapa